Terms of Service
Effective Date: May 18, 2021
Summary: This Agreement is between You and Top Pointe and is required before You can use the site and the Service. English is the official language of this Agreement. This summary, and the other summaries, are to help you understand the Agreement and aren’t part of the Agreement itself.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR YOU DO NOT MEET OR COMPLY WITH ITS PROVISIONS, DO NOT USE THE PLATFORM OR THE SERVICE.
Summary: These are our terms and if You use the Platform or our Service, You are bound by this Agreement. Please read this Agreement.
Please review this Agreement carefully, including the Acceptable Platform Use provision. In order to proceed with this Agreement and to access the Service of the Platform, You must acknowledge and agree to be bound by the terms of this Agreement, including the Acceptable Platform Use provision described herein.
Summary: If You access our Platform and/or use our Service, You must do so lawfully. You cannot access our Service without agreeing to these terms.
- Binding Agreement
This Agreement is an electronic contract that sets out the legally binding terms. You must accept this Agreement to use the Platform and to become a “User.” For purposes of this Agreement, the term “User” means a person who provides information to the Company on the Platform to participate in the Service in any manner, whether such person uses the Service as a free User or as a paid subscriber. This Agreement may be modified by Top Pointe in its sole discretion at any time, and any such modifications will be posted on the Platform. Your continued use of the Platform or the Service after the posting of modifications to this Agreement will constitute your acceptance of such revisions.
Summary: This is a contract between You and Top Pointe. We can modify this Agreement at any time. If You continue to use the Platform or the Service after we post modifications to this Agreement, You have accepted the new modified Agreement.
You must be at least eighteen years old to use the Platform. By using the Platform, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If You become a User, You represent and warrant that You have never been convicted of a felony and that You are not required to register as a sex offender (or similar designation) with any government entity or legal authority. You will only use the Service and the Platform in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Service, You represent that You have not been designated by the United States government as a “Specially Designated National” or other person to whom the provisions of the Service are prohibited. Registration for, and use of, the Service are void where prohibited. You are responsible for determining whether the use of the Service is legal in the jurisdiction in which you access the Platform.
Summary: You must be 18 years old or older to use the Platform. As a User, You are telling us that You have never been convicted of a felony and that You are not required to register as a sex offender or any similar designation with any governmental agency. You will only use the Service as per these terms and all applicable local, state, national and international laws and regulations. You cannot use the Service if it isn’t legal where You are located. You are responsible for determining whether You can legally use the Service.
- Term and Termination
Top Pointe may terminate your account for any reason, with or without notice. If your account is terminated—whether by You or Top Pointe—You will not be entitled to any refund of unused subscription fees or unused credits, if applicable.
Summary: If You continue to use the Service, these terms are still applicable. You can terminate your account whenever You want. We can terminate your account at any time and for any reason. We won’t issue a refund if we think You failed to abide by these terms. These terms are still applicable after termination of your account.
- Exclusively for Non-Commercial Use
The Platform and the Service are for personal use only. Any other use, including use by the media, competitors, or any entity or individual wishing to use the Platform or Service for profit, is considered “Commercial Use” by “Commercial Users.” Prohibited Commercial Use includes, but is not limited to, using the Service in connection with any commercial endeavors such as: (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company; (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes; (iii) press or media purposes of any kind not authorized by the Company (all media inquiries should be directed to [email protected]; (iv) seeking leads or customer information for any kind of business activities (whether or not those activities are conducted on or off of the Platform); or (v) scraping or otherwise collecting data or information of any kind. Organizations, companies, agencies, and/or businesses—and any other associations or entities that are not individual persons—may not become Users and should not use the Service or the Platform for any purpose. Illegal and/or unauthorized uses of the Platform, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or unauthorized framing of or linking to the Platform (or otherwise making Dayo’s content viewable on another platform or website through any other means), may be investigated and appropriate legal action may be taken. Such action may include (without limitation) civil, criminal, and injunctive relief. Users of the Platform may not use any information obtained from the Service to contact any other user, without the other user’s prior explicit consent. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Platform, including referring activities the Company deems suspicious to governmental authorities.
Summary: You CANNOT use the Platform or the Service for business or media purposes. Illegal and/or unauthorized use of the Platform or Service will be investigated, and we will take legal action. We may refer activities we deem suspicious to governmental authorities.
- Platform Software
- Account Security
Your account is for your personal use only. You are responsible for maintaining the confidentiality of your account and associated username and You are solely responsible for all activities that occur under your account, including distribution of your personal information to other users. You acknowledge that Top Pointe is not responsible for third-party access to your account information or personal information when that access results from any action or inaction on your part, including but not limited to your voluntary distribution of your account or other personal information. You also acknowledge that Top Pointe is not responsible for third-party access to your account information when that access results from theft or misappropriation of your account information or other personal information from your possession, custody, or control.
Summary: Keep your account information and personal information confidential. You are responsible for anything that occurs on the Platform under your account, including providing personal information to others and keeping your information secure on your end.
- Risk Assumption and Precautions
- Top Pointe IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM OR USER OF THE SERVICE. YOU ASSUME ALL RISK WHEN USING THE SERVICE AND THE PLATFORM INCLUDING, BUT NOT LIMITED TO, ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHER USERS OR PLATFORM USERS, INCLUDING DATING OR SENDING MONEY TO ANOTHER USER. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS WHEN MEETING INDIVIDUALS THROUGH THE PLATFORM OR SERVICE. You should not provide your financial information (for example, your credit card or bank account information) to other Users.
You understand that Top Pointe makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals You meet through the Service or as to the conduct of such individuals.
Summary: We aren’t responsible for our users’ conduct online or offline. You assume these responsibilities when using the Service. Please take appropriate precautions.
- Proprietary Rights
Top Pointe retains proprietary rights in the Platform and the Service, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. Except for information that is in the public domain or which You have been given written permission to use, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Summary: We retain proprietary rights in the Platform and the Service, which includes all the content, trademarks, trade names, service marks and other intellectual property. Don’t copy or alter our stuff without our written permission.
- Acceptable Platform Use
You are solely responsible for the content and information that You post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “Post” or “Posting”) on the Platform or as part of the Service or transmit to other Users, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted to other Dayo Users (collectively, “Content”). You may not Post on the Platform or as part of the Service, or transmit to the Platform or any other User (either on or off the Platform), any material or engage in conduct on or through the Platform: (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; (iii) in a manner that is offensive, inaccurate, profane, intimidating, defamatory, obscene, threatening, abusive or hateful; (iv) that uses multiple accounts for one user; or (v) that expresses or implies that any statements You make are endorsed by Top Pointe, the Platform, or any related platforms, affiliates or subsidiaries. You represent and warrant that all information that You submit upon registration is accurate and truthful and that You will promptly update any information provided by You that subsequently becomes inaccurate, misleading or false.
Summary: You are responsible for what You do on our Platform and how You use our Service. Don’t post or transmit any material on the Platform or to other users, whether via the Platform or off the Platform, that violates laws or regulations. Don’t post or transmit any material in a manner that will infringe on ours or others’ copyright, trademark and other intellectual property rights. Don’t be rude and don’t threaten or offend others.
Top Pointe reserves the right, but has no obligation, to monitor any Content You post on the Platform or as part of the Service. Top Pointe may remove any Content for any reason whatsoever. Without limitation, Top Pointe may remove Content that, in its sole opinion, violates, or may violate any applicable law, or the letter or spirit of this Agreement. Top Pointe may also remove any Content upon the request of any third party, or for any other reason whatsoever. Top Pointe, in its sole discretion, may suspend or ban any User that posts Content that is objectionable for any of the reasons given in this paragraph or for any other reason.
Summary: We don’t have to, but we may, monitor Content posted on the Platform. We also may remove any Content that we think may violate the law or this Agreement or upon request by others and we may remove the User posting such Content as well.
By Posting Content on the Platform or as part of the Service, You automatically grant to Top Pointe an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to: (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content; (ii) prepare derivative works of the Content or incorporate the Content into other works; and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. In addition, so that Top Pointe can prevent the use of your Content outside of the Service, You authorize Top Pointe to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. Our license to your Content is subject to your rights under applicable law (including without limitation laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing and improving the Service and researching and developing new ones.
Summary: Once You post something, we may use it in accordance with the terms of this Agreement.
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation: (i) accessing data not intended for You or logging into a server or account that You are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or breaching (or attempting to breach) security or authentication measures without proper authorization; (iii) attempting to interfere with or disrupt the Service or the Platform including, without limitation, by way of submitting a virus to the Platform, overloading, flooding, spamming, mail bombing or crashing; (iv) sending unsolicited email, including promotions and/or advertising of products or services; (v) forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through the Platform or Service (either directly or indirectly through use of third-party software); (vi) using (or attempting to use) any engine, software tool, agent, or other device or mechanism, any robot, spider, site search/retrieval application, or any manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Platform, Service or its Contents; or (vii) modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Service or the Platform, or any software used on or for the Service or the Platform, or causing others to do so.
Summary: Don’t do things to or on the Platform that You aren’t authorized to do.
The Platform may be used only for lawful purposes by individuals seeking relationships. As one of the conditions of your use of the Platform and the Service, You represent, warrant, and agree that You will not use (or plan, encourage or help others to use) the Platform or the Service for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is your responsibility to ensure that your use of the Platform and the Service complies with this Agreement, and to seek prior written consent from Top Pointe or Dayo for any uses not permitted or not expressly specified herein. Top Pointe specifically prohibits any use of the Platform or the Service, and You hereby agree not to use the Platform or the Service, for any of the following:
- Posting or sending material that exploits people under the age of 18, soliciting personal information from anyone under 18, failing to report knowledge of a person under the age of 18 to [email protected], or continuing to use the site to interact in any way with anyone You know or believe is under the age of 18. Any violation of these prohibitions will result in termination of your account and possible referral to law enforcement or other agencies, such as the National Center for Missing and Exploited Children.
- Using the Platform as an escort or prostitute or using the Service to promote, solicit, or engage clients for an escort or prostitution service, or to engage or facilitate human trafficking of any kind, including past escort activities or affiliation with an escort site or service;
- Posting any incomplete, false, misleading or inaccurate Content about yourself and/or your profile;
- Posting any Content that is not entirely your own or which You do not have full rights to use;
- Impersonating or otherwise misrepresenting an affiliation, connection or association with any person or entity;
- If You have a password, allowing any other person to access a non-public area of the Platform, disclosing or sharing your password to or with any third parties or using your password for any unauthorized purpose; using meta tags or code or other devices containing any reference (express or implied) to the Platform or the Service (or any trademark, trade name, service mark, logo or slogan of the Platform) to direct any person to any other website for any purpose;
- Soliciting, from other users, passwords or personal identifying information for commercial or unlawful purposes, or for any other reason that would constitute a violation of this Agreement;
- Engaging in advertising to, or solicitation of, other Users to send money, or buy or sell any products or services. You may not transmit any chain letters or junk/spam email to other Users. If You breach the terms of this subsection and send or post unsolicited bulk email, spam, or other unsolicited communications of any kind through the Service, You acknowledge that You will have caused substantial harm to Top Pointe;
- Initiating contact with Users off site by any other means without first obtaining explicit permission from them to do so via the Platform;
- Posting advertisements or solicitations of employment, business or pyramid schemes;
- Using the Platform or Service for activities that violate any law, statute, ordinance or regulations;
- Using the Platform or Service to encourage, promote, facilitate or instruct others to engage in illegal activity;
- Engage in any activity that violates criminal laws of the jurisdiction in which the User resides, visits or contacts Users;
- Bullying, stalking, intimidating or otherwise harassing any other Users or Company employees or representatives;
- Framing or mirroring any part of the Service or the Platform, without the Company’s prior written authorization;
- Using the Service in order to damage Top Pointe, Dayo or any of Top Pointe’s related websites, affiliates or subsidiaries;
- Using the Platform for any competitive purpose, including copying, soliciting, competitive or market analysis or any other use by a competitor;
- Recruiting, including for pornography, modeling, or escort sites or brothels;
- Commercial Use as defined above, in Section 4;
- Any other use that violate any applicable law, including without limitation laws related to export controls.
Summary: You may only use the Platform as it is intended. No escorts or prostitutes. No human trafficking of any kind. Report any minors using the Platform. Don’t seek out minors and don’t use the site if You are a minor. Don’t use the Platform for unlawful purposes. If You use the Platform in a way that is not authorized or is illegal, we will take legal action against You and/or refer You to the proper law enforcement authorities.
Commercial Use and Competitive Violations and Liquidated Damages. Commercial Users (as defined in Section 4) act in violation of the terms of this Agreement and acknowledge that they are not using the Platform for its intended purpose. Each and every instance of Commercial Use or competitive use of the Platform is in violation of this Agreement and is subject to a $100,000 award for damages as liquidated damages for each breach. You acknowledge that any Commercial Use of the Platform or Service will cause harm in an amount that would be extremely difficult to ascertain and that $100,000 for each and every commercial or competitor violation is a reasonable estimate of such harm.
Summary: The Platform is for personal use only. Each use of the Platform for commercial or competitive reasons will result in $100,000 award for damages.
- No Harassment of Top Pointe or Dayo Employees
You will not harass, annoy, intimidate, or threaten any Top Pointe or Dayo employees or agents engaged in providing any portion of the Service to You. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your account and You will not be entitled to any refund of unused subscription fees, if applicable.
Summary: Don’t harass our employees. We will terminate your account if You are threatening or offensive to our employees and You won’t get a refund, if applicable.
- Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact [email protected] or at the following address: Dayo, Attn: Copyright Agent, 30 N Gould Street, Suite 20759, Sheridan, WY 82801, and provide the following information: an electronic or physical signature of a person authorized to act on behalf of the copyright owner; identification of the copyrighted work that You claim is being infringed; identification of the material that is claimed to be infringing and where it is located on the Platform; information reasonably sufficient to permit Top Pointe to contact You, such as your address, telephone number and email address; a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and a statement, made under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner’s behalf. Only copyright notices will be accepted at the above email address. All other inquiries or requests will be discarded.
Summary: Don’t use or post copyrighted, trademarked or proprietary material unless You have written permission from the owner of such material. If You think someone on the Platform has violated your copyright, trademark or proprietary rights, let us know.
Users who subscribe to enhanced features or additional Platform Services (“Subscribers”) are subject to the following:
- You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date) and You must promptly notify Dayo if your payment method is canceled (including if You lose your card or it is stolen), or if You become aware of a potential breach of security (such as an unauthorized disclosure or use of your username or password). Changes to such information can be made under Settings & Privacy under Manage Account on the Platform. If You fail to provide us any of the foregoing information, You agree that You are responsible for fees accrued under your Billing Account. In addition, You authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
- You agree that all payments made on the Platform are final and that You will not challenge or dispute the charge with your bank. You further agree that should You have any issues relating to your payment (such as duplicate billing), You will open a support ticket through the Platform to resolve the issue. Should a dispute be initiated with your bank, You agree that You will be held responsible for any outstanding balance owed to us plus any dispute case fees charged by our bank, which may be as much as US$60 per instance. You agree that You will pay any outstanding balance You have with Dayo within 30 days from the date of notification. Any outstanding balance left unpaid after 30 days may be submitted to a collections agency and You agree that a collections fee of up to 50% of the outstanding balance or $100 (whichever is higher) will be added to the amount that You owe.
- In order to provide continuous service, Dayo provides for automatic renewal. Whether it exercises the right or not, Dayo has the right to automatically renew your account from month to month. UNTIL TERMINATED, Dayo MAY AUTOMATICALLY RENEW ALL PAID SUBSCRIPTIONS FOR THE SERVICES ON THE DATE SUCH SUBSCRIPTIONS EXPIRE. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period. By entering into this Agreement, You acknowledge that your account will be subject to the above-described automatic renewals. If You do not wish your account to renew automatically or if You want to change or terminate your subscription, please log in and go to “Account Settings” on the Platform and follow the directions contained therein.
- Dayo MAINTAINS A STRICT NO-REFUND POLICY. ALL PURCHASES MADE ON THE PLATFORM ARE FINAL. IF YOU CHOOSE TO PURCHASE A SUBSCRIPTION PACKAGE ON THE PLATFORM, YOU AGREE THAT ABSOLUTELY NO REFUNDS, EITHER FULL OR PARTIAL, WILL BE ISSUED FOR ANY REASON OR FOR ANY UNUSED OR REMAINING SUBSCRIPTION OR CREDITS. (Certain exceptions to this policy apply for customers located in the European Union, European Economic Area and the United Kingdom).
- When You delete your Dayo account or if your account is suspended for violating this Agreement or other policies, You agree that any remaining or unused account credits will be forfeited and no refunds will be issued for any remaining or unused account credits. Further, if your deactivated Dayo account is reinstated at a later date, You agree that neither any unused subscription or credits forfeited at the time of your account deletion will be reinstated with your account.
- Credits or a subscription purchased for a specific Dayo account are strictly non-transferable. You agree that any remaining or unused account credits associated with an active or deleted Dayo account will not be transferred to any other account belonging to You or to someone else.
- A User profile may remain posted on the Platform even if that User is not actively using the Service. You acknowledge that although a User’s profile may be viewed, You may not be able to use the Service to communicate with that User if he or she is not then actively using the Service.
Summary: If you subscribe to enhanced features or Platform Services, You need to give us accurate information for your billing account and You need to keep the information updated. All payments made are final—no refunds—even if You or we terminate your account early (exceptions for Subscribers located in certain specified geographic locations). Credits can’t be transferred to any other account. If You think there has been an error in billing, You must contact us immediately. Your account may be automatically renewed.
- Service and Modification to the Platform
Top Pointe does not guarantee that the Platform will be fully operational all of the time. Users may face significant service disturbances. Only in the event that the Platform is offline for a period of more than 72 consecutive hours will any Subscribers receive a pro-rated refund. Top Pointe DOES NOT OFFER TECHNICAL SUPPORT. We will offer support only for the Service related to the Platform. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform or the Service (or any part thereof) with or without notice to any User, group of Users or all Users. You agree that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Platform or the Service, the Company reserves the right at any time, in its sole discretion, to block users related to certain IP addresses from accessing the Platform or Service. You agree not to circumvent, or attempt to circumvent, any such user block imposed by the Company.
Summary: We can’t guarantee that the Platform will be operational all the time. For Subscribers, we will provide You with a pro-rated refund only if the Platform is offline more than 72 hours consecutively. We don’t offer technical support. We can modify or discontinue any part of the Platform or the Platform as a whole at any time without giving You notice, and we are not liable as a result. We can block users at any time from accessing the Platform or Service.
- User Information
The Platform may contain, and the Service may provide, links to sites that are not maintained by Top Pointe. While we try to include links only to those sites which are in good taste and safe for our users, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in the Platform does not imply our endorsement of the linked site. If You decide to access linked third-party websites, You do so at your own risk. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Platform or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party. You further acknowledge and agree that Top Pointe/Dayo and its affiliated companies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such linked website or resource.
Summary: There may be links on the Platform that we don’t maintain. We aren’t responsible for the content on those sites. Just because a link is on our Platform, does not mean we are endorsing the linked site. Your interaction with the linked site is at your own risk. We aren’t liable for any damage or loss You may incur by engaging with the linked site.
- Top Pointe is not responsible for any incorrect or inaccurate Content posted on the Platform or in connection with the Service, whether caused by users of the Platform, Users, or by any of the equipment or programming associated with or utilized in the Service.
- Top Pointe is not responsible for User conduct of any kind, whether online or offline.
- Top Pointe is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
- Top Pointe is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Platform and/or in connection with the Service.
- Under no circumstances will Top Pointe be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Platform or the Service, any Content posted on the Platform or transmitted to Users, or any interaction or contact between Users of the Platform, whether online or offline.
- THIS SITE IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Top Pointe PROVIDES THE PLATFORM AND SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE PLATFORM (INCLUDING ALL CONTENT CONTAINED THEREIN) INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. Top Pointe DOES NOT WARRANT THAT THE PLATFORM OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR PLATFORM.
- From time to time, Top Pointe may make third-party opinions, advice, statements, offers, or other third-party information or content available on the Platform and/or through the Service. All third-party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. Top Pointe DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE PLATFORM OR PROVIDED THROUGH THE SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE PLATFORM OR SERVICE. UNDER NO CIRCUMSTANCES WILL TOP POINTE OR ITS AFFILIATES OR SUBSIDIARIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM OR SERVICE OR TRANSMITTED TO OR BY ANY USERS.
- Top Pointe cannot guarantee and does not promise any specific results from use of the Platform and/or the Service.
- This Platform is only a venue—it acts as a venue for individuals to post personal and contact information for purposes of dating. Top Pointe is not required to screen or censor information posted on the Platform, including but not limited to, the identity of any user and any user content. We are not involved in any actual communication between Users. As a result, we have no control over the quality, safety, or legality of the information or profiles posted or the truth or accuracy of such information. You agree that You are solely responsible for your interactions with other Users and that Top Pointe is not liable in any way for User communications. Top Pointe reserves the right, but has no obligation, to monitor communications on the Platform between You and other Users, or any other correspondence or interaction that occurs outside the scope of the Platform. The Platform and Service is a tool for providing the initial contact between Users, and anything beyond that is not in our control and is carried out at the Users’ own risk. Users must use common sense about what information they reveal to others via email or any other means of communication. It is your responsibility to ensure your safety and to investigate Users and verify they are legitimate relationship seekers. There are many different frauds, schemes, and deceptions on the Internet, and we strongly caution You to be skeptical of any User until You learn more about them and verify their background.
- In addition to the preceding information under this Agreement, any advice or thoughts that may be posted on the Platform or through the Service provided for under this Agreement are for informational and entertainment purposes only and are not intended to replace, or substitute for, any professional, financial, medical, legal or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Platform. If You have specific concerns or a situation arises in which You require professional or medical advice, You should consult with an appropriately trained and qualified specialist and seek immediate attention of the proper professional.
- You specifically acknowledge and agree that Top Pointe is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and we reserve the right to remove such materials from the Platform without liability or notice to You.
Summary: We are not responsible or liable for a number of things related to the Platform and your use of the Platform. You are using the Platform and Service at your own risk and any communications between You and other Users are at your own risk. If You read something on our site, don’t take it on its face—use common sense, do your research and take precautions.
- Limitation on Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TOP POINTE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, OR FOR SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF TOP POINTE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL TOP POINTE’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE PLATFORM, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID TOP POINTE FOR THE USE OF ANY SERVICE, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Top Pointe BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL ARISING OUT OF, OR RELATING TO, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- To the fullest extent permitted by applicable law, You release the Company from responsibility, liability, claims, demands or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of, or related to, disputes between users and the acts or omissions of third parties. You expressly waive any rights You may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in your favor at the time of agreeing to this release.
- THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
Summary: We have built our Service for You, but we can’t promise it is perfect. We are not liable for various things and You release us from responsibility and liability for those things.
- Litigation of Disputes
- Top Pointe is always interested in attempting to resolve any dispute by amicable and informal means, and we encourage You to contact us at [email protected] or by mail at Top Pointe/Dayo, Attn: Dispute Manager, 30 N Gould Street, Suite 20759, Sheridan, WY 82801 before resorting to litigation.
- However, neither You nor Top Pointe are required to resolve any dispute before bringing that dispute in litigation.
- Both You and Top Pointe agree that all disputes will be litigated, exclusively, in the state and federal courts of Sheridan County, Wyoming, and not in any other forum, except as provided in subsections f and g, below.
- By accessing and using the Platform and/or Service, You hereby irrevocably consent to the jurisdiction and venue of the federal or state courts located in Sheridan County, Wyoming in the United States.
- YOU AND TOP POINTE ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY.
- If You access the Platform or use the Service from outside the United States, You waive all rights under the laws and regulations of the territory from which You access or use the Platform or Service, unless You are an E.U., Swiss, or United Kingdom citizen or located in the EEA, in which case your privacy rights and Privacy Disputes are governed by European privacy laws.
- A “Privacy Dispute” is defined as any unresolved disagreement related to the sharing, processing and/or transfer of a user’s personal data.
- This Agreement, and any dispute between You and Top Pointe, with the exception of Privacy Disputes as noted above (for E.U, EEA, Swiss, or United Kingdom citizens), shall be governed by the laws of the state of Wyoming without regard to principles of conflicts of law.
Summary: If You use the Platform or Service, You must litigate any disputes in the federal or state courts in Sheridan County, Wyoming. Further, we are based in Wyoming and You will be governed by and subject to Wyoming laws. However, if you are a citizen of the E.U., EEA, Switzerland or the United Kingdom, your Privacy Disputes will be determined according to E.U., Swiss or United Kingdom privacy laws, as applicable.
- Consent to Service of Process by Email
By using the Platform or Service, You consent to service of process of any summons and/or complaint at the email address that you provided to Top Pointe to create your Dayo account. You further agree that email is a reasonable means of notice and service for any litigation.
Summary: By providing your email address when using the Platform or Service, You are agreeing to receive any type of litigation notice via that email address.
- Consent to Allow Top Pointe to Bring Lawsuits on Your Behalf
You agree that Top Pointe may bring actions on behalf of You or any other User or Users, in any judicial, arbitral, or other forum, where Top Pointe’s rights may be implicated.
Summary: You are agreeing to let Top Pointe bring legal and equitable actions on your behalf if Top Pointe determines its own rights are implicated in those actions.
You agree to defend, indemnify, and hold harmless, Top Pointe’s officers, directors, employees, agents, affiliates and subsidiaries from and against any claims, actions, or demands, arising from your use of the Platform, the Service or your breach of the terms of this Agreement (including any breach of your representations and warranties contained herein), any postings or Content You post on the Platform or as a result of the Service, and the violation of any law or regulation by You. You, and your estate in the case of your death, further agree that this indemnification provision covers all third-party claims, actions or demands, including those filed by your spouse, children, family or others who rely on You for support. You also agree that this indemnification provision covers all damages, costs, or expenses related to claims described in this Section, including without limitation all reasonable legal and accounting fees. Top Pointe reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Top Pointe in connection therewith.
Summary: You agree to defend us and hold us harmless for your use of the Platform and any breach by You of the Agreement terms or any violations of any law or regulation by You. This indemnification covers all claims, actions, or demands made by anyone.
- General Provisions
- Violation of this Agreement may cause Top Pointe irreparable harm, and You therefore agree that Top Pointe will be entitled to seek extraordinary relief in court, including but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Top Pointe may have for a breach of this Agreement.
- Unless otherwise explicitly stated, this Agreement will survive termination of your registration to the Service.
- If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
- The failure of Top Pointe to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
- You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death.
- No agency, partnership, joint venture or employment is created as a result of this Agreement and You may not make any representations or bind Top Pointe in any manner.
Summary: These are general terms to which You agree, just like You are agreeing to all the other terms in this agreement.
- Special State Terms
The following provisions are added to this Agreement for Subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
Summary: If You are a Subscriber and a resident of one of the above states, the above terms apply to You and supersede any contradictory terms that might be found otherwise in the Agreement.
- Special European Terms
If You are a consumer in Europe, Top Pointe does not exclude or limit any liability for gross negligence, intent, or death or personal injury caused by its negligence or willful misconduct.
If Top Pointe/Dayo causes damage to You and You are a consumer in Europe, liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of agreement. Top Pointe is not liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or to exclude our responsibility for something we have specifically promised to You.
If You are a consumer in Europe, Top Pointe may assign this agreement, and any rights and licenses granted under it, to a third party. In case of such an assignment, You are entitled to terminate the Agreement with immediate effect by deactivating your account. Top Pointe will provide You with reasonable notice, via the methods noted below, of any such assignment.
Summary: If You are a User in Europe, the above terms apply to You and supersede any contradictory terms that might be found otherwise in the Agreement.
The Company may provide You with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Platform. Such notices may not be received if You violate this Agreement by accessing the Service in an unauthorized manner. You agree that You are deemed to have received any and all notices that would have been delivered had You accessed the Service in an authorized manner.
Summary: If we make changes or want to notify You, we’ll let You know.
- Revision Date and Amendment
This Agreement is subject to change by the Company at any time. If You are a non-subscribing User at the time of any change, the revised terms will be effective when posted on the Platform and your use of the Service after such posting will constitute acceptance by You of the revised Agreement. If You are a Subscriber at the time of any change, to the extent permitted by applicable law, the then-existing Agreement will continue to govern your account until such time that your subscription is renewed (whether by You or automatically by the Service) as contemplated herein. If You continue your subscription, your renewal will constitute acceptance by You of the revised Agreement. Alternatively, if You terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by You of the then-existing Agreement.
Summary: When we revise this Agreement, depending on your status (non-subscribing or subscribing), You may be subject to different terms (old or new) for a period of time.